delete Infection severity levels for Hepatitis B and Hepatitis C
These Regulations implement the Infected Blood Compensation Scheme (IBCS) under the Victims and Prisoners Act 2024, establishing a framework to compensate eligible infected persons (those infected with HIV, Hepatitis B or C through NHS blood treatment) and eligible affected persons (bereaved partners, parents, children, siblings and carers of infected persons). The Regulations define eligibility criteria, establish award categories (infection/injury awards, care awards, financial loss awards, social impact awards, etc.), specify calculation methodologies using actuarial tables, and create administrative processes for applications, offers, and payments including periodic payment options.
While compensating victims of the infected blood tragedy serves a legitimate purpose, this Regulatory instrument should be deleted because: (1) It is not a market-friendly mechanism but a centralised bureaucratic compensation scheme that will distort private insurance markets and third-party liability settlements; (2) The complex eligibility determinations, award calculations, and ongoing administration represent ongoing regulatory burden that could be better handled through general damages litigation or lump-sum statutory payments without elaborate bureaucratic machinery; (3) The Regulations' detailed prescriptive rules (actuarial tables, severity levels, compensation periods) will inevitably produce perverse incentives and unintended consequences similar to other regulatory interventions; (4) The scheme does not restore Britain's free-trading dynamic or reduce regulatory burden in any sector that affects economic competitiveness; (5) A simpler statutory payment without the IBCS administrative apparatus would achieve the same restorative justice at lower cost to taxpayers and recipients alike.